Targeted Disabilities

Employees with targeted disabilities represented 0.99% of the
total government workforce in FY 2004, and of agencies with a
permanent workforce of 500 or more, the Equal Employment
Opportunity Commission, at 2.23%, had the highest percentage of
employees with targeted disabilities. At DOE, employees with
targeted disabilities represented 0.79% of the total workforce.

EEO Complaint Processing

Counseling

There were 128 instances of pre-complaint counseling (performed
by EEO counselors and/or ADR intake officers). DOE timely processed
72.4% of the total number of counselings. Following counseling, 81
formal complaints of discrimination were filed.

Alternative Dispute Resolution

Of DOE's 128 instances of counseling, ADR was offered 53.1% of
the time; the parties elected to participate in 10.9% of the
completed counselings; and 21.4% of the ADR closures were resolved
through settlements or withdrawals.

At the formal complaint phase, DOE offered ADR 17.3% of the
time; the parties elected to participate in 5.8% of the complaint
workload; and 90.9% of the ADR closures were resolved through
settlements or withdrawals.

Processing Times

DOE completed 86% of its investigations within the regulatory
time frames, with an average processing time of 209 days for all
investigations. In most instances, the

regulations require completion of investigations within 180
days. Of the agencies completing 25 or more investigations, the
Tennessee Valley Authority was the only agency to complete 100% of
their investigations within the regulatory time frames, with an
average processing time of 117 days.

DOE's average processing time for all complaint closures
decreased from 650 days in FY 2003 to 377 days in FY 2004. The
government-wide average was 469 days.

Pending Inventory

DOE had a total of 97 complaints pending at the end of FY 2004,
with 8 pending acknowledgment for an average of 17 days; 34 pending
investigation for an average of 279 days; and 10 pending the
issuance of final decisions for an average of 312 days.

Costs

DOE agreed to pay $3,000 for 4 counseling settlements with
benefits, an average $750.00 per counseling settled.

DOE agreed to pay a total of $719,543 for 44 complaint closures
through settlement agreement, final agency decision, and final
agency orders fully implementing AJ decisions. For complaint
closures with benefits, the average award (including back/front
pay, compensatory damages, attorney's fees, and lump sum payments)
was $16,353.

DOE expended a total of $157,646 for 59 complaint
investigations, for an average expenditure of $2,672.

Outcome of Counselings Completed in FY
2004

Counseling Outcomes

Completed by EEO Counselor

Completed Using ADR

All Completed Counselings

#

%

#

%

#

%

Total Instances of Counseling:

114

14

128

Settlements

1

0.87%

3

21.42%

4

3.12%

Withdrawal/no Complaint Filed

21

18.4%

0

0%

21

16.40%

Complaints Filed*

81

63.28%

Decision to File Complaint Pending
at End of Fiscal Year

22

17.18%

*Includes only complaints filed in FY 2004 where counseling was
also completed during FY 2004.

Agency Use of ADR for EEO Dispute
Resolution

Counselings / Complaints

ADR Offers

ADR Participation

#

#

%

#

%

FY 2003 Pre-Complaint
Counselings

207

118

57.00%

23

11.00%

FY 2004 Pre-Complaint
Counselings

128

68

53.13%

14

10.94%

Percentage Change FY 2003 to FY
2004

-74.39%

-55.08%

-91.30%

FY 2003 Complaints*

245

33

13.00%

15

6.00%

FY 2004 Complaints*

208

36

17.31%

12

5.77%

Percentage Change FY 2003 to FY
2004

-15.10%

9.09%

-20.00%

*Includes all complaints filed in the fiscal year, including
those where the counseling was completed in the prior fiscal
year.